No firecracker sale in Delhi-NCR this Diwali: SC

New Delhi: The Supreme Court on Monday ruled that there will be no sale of firecrackers in Delhi and National Capital Region during Diwali, as it restored a November 2016 order banning the sale and stocking of firecrackers there.

A bench of Justice A.K. Sikri, Justice Abhay Manohar Sapre and Justice Ashok Bhushan, while restoring last November's order, said: "We are of the view that the order suspending the licences should be given one chance to test itself in order to find out as to whether there would be positive effect of this suspension, particularly during Diwali period."

However, the court said that the September 12 order lifting the ban on the sale and stocking of firecrackers in Delhi NCR will be back into effect from November 1.

Pointing to the adverse impact of the bursting of the fire crackers that is witnessed year after year, Justice Sikri speaking for the bench said: "The air quality deteriorates abysmally and alarmingly and the city chokes thereby, it leads to closing the schools and the authorities are compelled to take various measures on emergent basis, when faced with 'health emergency' situation."

This very situation, the court said, had occurred on the very next morning after Diwali in the year 2016 and "resulted in passing the order dated November 11, 2016".

"This order prevailed during the year but the impact and effect of this order remains to be tested on Diwali days," the judgment said.

Going by these considerations, the court said, "We are of the opinion that the judgment dated September 12, 2017 passed by this Court should be made effective only from November 01, 2017."

Making it clear that though it was not tweaking with the various directions issued by September 12 judgment, the court said that the affect of September 12 order "would not be given effect during this Diwali, and, therefore, we are making it effective only from November 1, 2017".

The court said that all the temporary licences that police had issued in pursuance to September 12 order stands suspended forthwith "so that there is no further sale of the crackers in Delhi and NCR".

Further orders in this behalf can be passed on assessing the situation that would emerge after this Diwali season, it added.